Raleigh police officers won’t face charges in altercation, Wake County prosecutor says
Police officers who were involved in an altercation with a 44-year-old man in a Southeast Raleigh street on Friday will not face criminal charges, the Wake County district attorney said Monday.
Lorrin Freeman, Wake’s top prosecutor, said she conducted a detailed review of the struggle involving several officers and Frederick Darnell Hall near the intersection of Martin Luther King Jr. Boulevard and Garner Road. She determined the “actions of the officers do not rise to the level of criminal assault,” she said.
“While this incident is unfortunate and troubling to watch, law officers are authorized under law to use force to stop an attack when necessary,” Freeman said in a news release. “In this case, officers twice attempted to subdue Mr. Hall by using a taser prior to using other force.”
The Raleigh Police Department on Monday afternoon released video footage from the officers’ body-worn cameras and patrol-car dashboard cameras. The department had filed a court petition to release the footage, after videos by witnesses were posted on social media.
Raleigh Police Chief Cassandra Deck-Brown said in a statement Monday that the witness’ videos “do not fully and accurately depict the incident.” That’s why she wanted the officers’ footage released, she said.
“In the spirit of providing a more complete picture of the difficult situation faced by our officers, and promoting transparency and trust in the criminal justice system, RPD feels it is important to make this footage available to the public,” Deck-Brown said.
In one video from an officer’s body-worn camera, Hall is seen standing in the street without shoes or a shirt and telling an officer, “I need to get to my house.”
The officer grabs Hall’s arm, and Hall starts fighting the three or four officers.
“Do not grab onto me!” an officer says.
Another officer uses a stun gun on Hall, but it doesn’t seem to affect him.
“That’s what I needed, baby!” Hall yells as he goes after the officer with the stun gun. “That’s what I f***ing needed!”
Officers bring Hall to the ground and tell him to stay down and put his hands behind his back.
“Don’t bite me!” an officer says, as Hall bites her ankle. “He’s biting!”
“Stop biting her!” an officer says as Hall is struck in the back repeatedly with a baton.
The officers soon handcuff Hall.
Soon after, an officer says to another, “I got clocked in the back of the head. ... I’m gonna have a headache.”
Mental-health evaluation
Hall made his first court appearance Monday afternoon via a monitor, after police on Sunday charged him with four felony counts of assault on a law enforcement officer.
Wake County District Court Judge Eric Chasse ordered Hall to undergo a mental-health evaluation and reduced his bail from $45,000 to $20,000.
Hall’s family has said he has mental-health issues and has been hospitalized several times.
Hours before the court appearance, representatives of the Raleigh Police Protective Association, a union, said the officers acted appropriately during the altercation. The union leaders also urged the police chief and the mayor to voice their support for the officers’ actions.
Mayor Nancy McFarlane issued a statement late Monday afternoon.
“Each camera angle gives a different perspective. I encourage people to be patient as the police review the footage. Our police officers have very challenging roles,” McFarlane said in the statement. “When they arrive on the scene they have limited information and must react quickly, considering not only the safety of those involved in the incident but the safety of the overall community and their own safety as well.”
Frederick Hall’s brother, Douglas Hall, said Freeman called him about 30 minutes before she announced her decision to not seek criminal charges against the officers.
Douglas Hall said he thought the district attorney’s decision was politically motivated, particularly in the lead-up to the mid-term elections in November.
“I expected that right before the election,” he said. “She has to satisfy the ones who are riding the Trump Train. They have to maintain an authoritative position. But we are prepared to go the distance.
“We got a win today,” Douglas Hall said of the reduced bond, “and this is a way to suck the air out of that win.”
In May, Freeman’s office charged two North Carolina State Highway Patrol troopers and a Wake County sheriff’s deputy with assault in the April 3 beating of Kyron Hinton in Raleigh. Hinton’s family has said he too struggles with mental illness.
In response to Douglas Hall’s comments, Freeman said her office “works hard in these cases to study the evidence and apply the law.”
“While I am aware of public opinions and concerns, and the work that needs to be done to restore trust in law enforcement and the criminal justice system, we don’t allow that to stop us from seeking the truth in these cases,” Freeman said.
This story was originally published August 20, 2018 at 5:10 PM.